Does the Proprietary Information of Big Apple Bagels include site selection criteria?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
A. The Proprietary Information. Franchisor possesses certain proprietary information, some of which constitutes trade secrets under applicable law ("the Proprietary Information") relating to developing and operating BAGELS Stores, including (without limitation):
site selection criteria;
training and operations materials and manuals;
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the Proprietary Information does include site selection criteria. Big Apple Bagels possesses proprietary information relating to developing and operating BAGELS Stores, which includes site selection criteria.
Big Apple Bagels will disclose this Proprietary Information to the Developer (franchisee) to provide guidance and assistance under the Franchise Agreements. This may include sample drawings and specifications for store development and operation, training programs, the Operations Manual, and guidance furnished during the agreement term.
The franchisee acknowledges they will not acquire any interest in the Proprietary Information, other than the right to utilize it within the franchise agreement. This means the franchisee can use the site selection criteria to operate their Big Apple Bagels store, but they cannot claim ownership of the criteria itself or use it outside of the Big Apple Bagels franchise.